STATE OF NEW YORK ________________________________________________________________________ 901 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to assault in the second degree of an operator or crew of a passenger commuter ferry The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 11 of section 120.05 of the penal law, as 2 amended by section 2 of part Z of chapter 55 of the laws of 2024, is 3 amended to read as follows: 4 11. With intent to cause physical injury to [a] an operator or crew of 5 a passenger commuter ferry as defined in subdivision (n) of section 6 three hundred of the tax law, train operator, ticket inspector, conduc- 7 tor, signalperson, bus operator, station agent, station cleaner, termi- 8 nal cleaner, station customer assistant, traffic checker; person whose 9 official duties include the sale or collection of tickets, passes, 10 vouchers, or other revenue payment media for use on a train, bus, or 11 ferry the collection or handling of revenues therefrom; a person whose 12 official duties include the maintenance, repair, inspection, trouble- 13 shooting, testing or cleaning of buses or ferries, a transit signal 14 system, elevated or underground subway tracks, transit station struc- 15 ture, including fare equipment, escalators, elevators and other equip- 16 ment necessary to passenger service, commuter rail tracks or stations, 17 train yard, revenue train in passenger service, a ferry station, or a 18 train or bus station or terminal; or a supervisor of such personnel, 19 employed by any transit or commuter rail agency, authority or company, 20 public or private, whose operation is authorized by New York state or 21 any of its political subdivisions, a city marshal, a school crossing 22 guard appointed pursuant to section two hundred eight-a of the general 23 municipal law, a traffic enforcement officer, traffic enforcement agent, 24 prosecutor as defined in subdivision thirty-one of section 1.20 of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02789-01-5
S. 901 2 1 criminal procedure law, sanitation enforcement agent, New York city 2 sanitation worker, public health sanitarian, New York city public health 3 sanitarian, registered nurse, licensed practical nurse, emergency 4 medical service paramedic, or emergency medical service technician, [he 5 or she] such person causes physical injury to such train operator, tick- 6 et inspector, conductor, signalperson, bus operator, station agent, 7 station cleaner, terminal cleaner, station customer assistant, traffic 8 checker; person whose official duties include the sale or collection of 9 tickets, passes, vouchers or other revenue payment media for use on a 10 train, bus, or ferry or the collection or handling of revenues there- 11 from; a person whose official duties include the maintenance, repair, 12 inspection, troubleshooting, testing or cleaning of buses or ferries, a 13 transit signal system, elevated or underground subway tracks, transit 14 station structure, including fare equipment, escalators, elevators and 15 other equipment necessary to passenger service, commuter rail tracks or 16 stations, train yard, revenue train in passenger service, a ferry 17 station, or a train or bus station or terminal; or a supervisor of such 18 personnel, city marshal, school crossing guard appointed pursuant to 19 section two hundred eight-a of the general municipal law, traffic 20 enforcement officer, traffic enforcement agent, prosecutor as defined in 21 subdivision thirty-one of section 1.20 of the criminal procedure law, 22 registered nurse, licensed practical nurse, public health sanitarian, 23 New York city public health sanitarian, sanitation enforcement agent, 24 New York city sanitation worker, emergency medical service paramedic, or 25 emergency medical service technician, while such employee is performing 26 an assigned duty on, or directly related to, the operation of a train or 27 bus, cleaning of a train or bus station or terminal, assisting custom- 28 ers, checking traffic, the sale or collection of tickets, passes, vouch- 29 ers, or other revenue media for use on a train, bus, or ferry or mainte- 30 nance or cleaning of a train, a bus, a ferry, or bus station or 31 terminal, signal system, elevated or underground subway tracks, transit 32 station structure, including fare equipment, escalators, elevators and 33 other equipment necessary to passenger service, commuter rail tracks or 34 stations, train yard or revenue train in passenger service, a ferry 35 station, or such city marshal, school crossing guard, traffic enforce- 36 ment officer, traffic enforcement agent, prosecutor as defined in subdi- 37 vision thirty-one of section 1.20 of the criminal procedure law, regis- 38 tered nurse, licensed practical nurse, public health sanitarian, New 39 York city public health sanitarian, sanitation enforcement agent, New 40 York city sanitation worker, emergency medical service paramedic, or 41 emergency medical service technician is performing an assigned duty; or 42 § 2. This act shall take effect immediately.